I refunded a man but he wont return the item,

[holly4342]

I refunded a man cause he said the zip was faulty and he gave me bad feedback, He has not returned my dress, it was brand new and sold for over $120 .   

how can I get him to return it please 

[annies_fancy_dress]

He now might not bother. 😞

You should never refund until you have the item back.

[*sparklz*]

As said refunds should not be given till you have the item back in the condition it was sent.

You can send him a message to advise if payment is no made or the dress returned in the condition it was sent then you will go to thew police for theft.

If they do not do either then go to the online police and report them.

[holly4342]

yeah it was refunded through Paypal as a dispute, but when i rang paypal they said they didnt mention the return of the dress just the refund had been issued now i am down over $250 and nothing to show, the seller wont return my messages so i would say he has blocked me 

[coast_golf]

You should do 2 things -

1. Contact eBay to have the neg removed, reference to a Paypal dispute is grounds for removal.

2. Make a police complaint - http://www.police.qld.gov.au/programs/cscp/eCrime/internet/report/

[phorum_junkie*]

You did things completely wrong. You should have replied to the dispute saying you woud refund if the item was returned and found nit to be as described. You should then either have waited for the buyer to escalate to a claim or escalated it yourself at which point Paypal would have told the buyer to return it at their own expense, you should then have waited until it arrived before giving the refund.

I don't see any point in making a police complaint if the refund was issued before the seller asked for the item back, a return was not part of that contract and many sellers refund without faulty items having to be returned so the buyer has been denied the option of paying for a return or not. so cannot now be made to send anything back.

[coast_golf]

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@phorum_junkie* wrote:

You did things completely wrong. You should have replied to the dispute saying you woud refund if the item was returned and found nit to be as described. You should then either have waited for the buyer to escalate to a claim or escalated it yourself at which point Paypal would have told the buyer to return it at their own expense, you should then have waited until it arrived before giving the refund.

I don't see any point in making a police complaint if the refund was issued before the seller asked for the item back, a return was not part of that contract and many sellers refund without faulty items having to be returned so the buyer has been denied the option of paying for a return or not. so cannot now be made to send anything back.

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I agree that it could have been handled better but it's still theft. It's just the same as if you find property on the street and keep it, the owner hasn't asked you to return it but as you have no legal interest in it and you intend to permanently deprive the owner of the property then you are guilty of an offence.

[phorum_junkie*]

No it is not theft, the buyer purchased something, it was not as described, a refund was given.

There was no contract formed to return the item if a refund was provided and you cannot decide after refunding that you want it back.

[coast_golf]

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@phorum_junkie* wrote:

No it is not theft, the buyer purchased something, it was not as described, a refund was given.

There was no contract formed to return the item if a refund was provided and you cannot decide after refunding that you want it back.

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I stand corrected then, I better inform all those who have been convicted of similar crimes that they should seek leave to appeal 😄

This is my line of work, trust me, it's stealing and the courts view it as such. The buyer has no interest in the garment as the purchase price has been refunded and no implied or express transfer of title has taken place. TB (if he still posts) will back me up on this one.

[thecatspjs]

IMO if the buyer notified the seller that they sought a refund for the goods and this was agreed by seller and a refund issued accordingly, along with notification that the goods must be returned, ownership of the goods passed back to the seller.